United States v. Erskine

A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.

Court

U.S. Court of Appeals for the Ninth Circuit

Decided

January 21, 2004

Citation

355 F.3d 1161 (9th Cir. 2004)

Topics

Self-Representation & Right to Counsel (Faretta)

What did the court decide?

The Ninth Circuit held that a defendant's decision to give up his lawyer and represent himself was not knowing and intelligent, because the record showed he had not been correctly informed of the maximum penalty he faced. The conviction was reversed.

Why does it matter?

Before a court accepts a waiver of counsel, the defendant must understand the charges and the possible penalties.

Where can I read the full opinion?

Read the full opinion on CourtListener →

Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.

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• McCoy v. Louisiana (U.S. Supreme Court, 2018)
• Indiana v. Edwards (U.S. Supreme Court, 2008)
• Martinez v. Court of Appeal of California, Fourth Appellate District (U.S. Supreme Court, 2000)
• McKaskle v. Wiggins (U.S. Supreme Court, 1984)